John McLean

“ The counsel insist that this statute will admit of being read, 'which deeds shall have been proved by one or more of the subscribing witnesses thereto, in any court of record;' or, 'which shall have been acknowledged before any judge of the superior courts in the state.' This is not the import of the words, nor does it accord with a grammatical construction of them. The mode of proof required is, by one or more of the subscribing witnesses to the deed; and applies as well to the proof taken before the 'judge of the superior courts,' as before any court of record. ”

“ We are unable to say why the benefits of this statute were given to those who held under deeds proved by the subscribing witnesses, and withheld from those whose deeds were proved by the acknowledgement of the grantor. In most cases, if not in all, proof by acknowledgement would be deemed more satisfactory than by witnesses: but the legislature having made a distinction between the cases; whether it was intentional or not, reasonable or unreasonable; the court are bound by the clearly expressed language of the act. ”

“ A deed embraced by the statute is made evidence; that is, evidence of title; and is good against all other subsequent conveyances from the same grantor, unless it should be in a case where the grantee had failed to record the deed in the county where the land lies, within a reasonable time after the extinguishment of the Indian title, and against a purchaser without notice. ”